IP litigators, in their examination, point out several factors that make suing the U.S. government for patent infringement unique:

Sovereign Immunity:

The U.S. government generally enjoys sovereign immunity, protecting it from most lawsuits. However, under the Patent Act, there are exceptions that allow patent holders to sue the government in certain situations.

Monetary Compensation:

Successful patent infringement claims against the government can result in financial settlements or awards, providing a potential source of compensation for patent owners.

Preservation of Rights:

Bringing a case against the government helps protect the intellectual property rights of patent holders and establishes a legal precedent for future disputes.

Public Interest Considerations:

IP litigators also consider the broader implications of such lawsuits, including the balance between protecting innovation and the public interest.

While bringing a patent infringement case against the U.S. government presents unique challenges, IP litigators are increasingly exploring this avenue to safeguard intellectual property rights and hold the government accountable for potential violations.